HomeMy WebLinkAboutContract 17846 CITY SECRETARY
CONTRACT No
DRAINAGE EASEMENT ENCROACHMENT AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY 'THESE PRESENTS:
COUNTY OF TARRANT
WHEREAS , Burgos Company ( "Owner" ) represents that it is the
owner of the real property legally described as Lot 1-R, Block
11-AR, Jinkens Heights Addition, an addition to the City of Fort
Worth, Tarrant County, Texas , as recorded in Volume 388-92 , Page
21, of the Deed Records of Tarrant County ( "Property" ) ;
WHEREAS , Owner has leased the Property to Century Health
Care of Texas, Inc. ( "Lessee" ) ;
WHEREAS , Owner has granted an easement to the City of Fort
Worth ( "City" ) , the easement being more particularly described in
Exhibit "All , attached and incorporated by reference ( "Easement" ) ;
and,
WHEREAS , Owner desires to construct a pedestrian bridge
( "Encroachment" ) , that will extend in, on, or along the Easement;
NOW THEREFORE, WITNESSETH:
That owner and Lessee hereby agree as follows:
1 . owner and Lessee agree that the Encroachment will comply
with all design and construction standards , policies and
procedures of the City of Fort Worth. Prior to the construction
of the Encroachment , Owner and Lessee shall submit plans and
CITY TIFF
.L UWWORTH,H R',I I"TTAIElRfi.Y
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,
specifications to the Director of Transportation and Public Works
of the City of Fort Worth ( "Director" ) . owner and Lessee shall
not commence construction of the Encroachment or undertake any
efforts preliminary thereto until the Director has indicated to
Owner and Lessee in writing that he has no objections to the
submitted plans and specifications . Any subsequent repair ,
replacement , expansion or alteration of the Encroachment must
also be submitted to the Director with the plans and
specifications therefor ; and the Director must indicate in
writing that he has no objections thereto prior to the
commencement of the work or any preliminary work. owner and
Lessee hereby release City from any responsibility or liability
in any way related to the plans and specifications. In addition,
Owner and Lessee shall indemnify City in accordance with
Paragraph four herein for any responsibility or liability
asserted against City by any third party that relates to the
plans and specifications.
2 . owner and Lessee shall be solely responsible for
maintenance of the Encroachment . owner ' s and Lessee ' s
maintenance of the Encroachment shall comply with City of Fort
Worth standards , and, in addition , owner and Lessee shall keep
and maintain the Encroachment in safe condition for use by the
public . owner and Lessee shall be responsible for the
Encroachment and shall assume any liability arising from the
Encroachment.
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3 . If it becomes necessary for City to repair , replace ,
maintain, remove, enlarge, expand or otherwise alter in any way
its public facilities or utilities located in , on, or over the
Easement, City shall not be responsible for any damage or other
adverse consequence to the Encroachment , Owner or Lessee .
Furthermore , Owner and Lessee shall pay all costs incurred by
City to demolish or remove the Encroachment because of the City' s
use of the Easement.
4 . The owner and Lessee agree to and shall indemnify and
hold harmless the City, its officers, agents and employees , from
and against any and all claims , losses , damages , causes of
action, suits and liability of every kind, including all expenses
of litigation , court costs and attorney' s fees for injury to or
death of any person or for damage to any property, arising out of
or in connection with the Encroachment whether such injuries ,
death, damages, causes of action , suits or liabilities arise or
are caused by the City ' s sole negligence or the joint negligence
of the City or any other person or entity.
5 . If the Encroachment is destroyed or damaged by fire ,
flood , or any other cause , its replacement or reconstruction
shall be the sole responsibility of owner and Lessee , and all
costs for replacement or reconstruction shall be paid by owner
and Lessee and shall be reconstructed according to plans and
specifications approved by City.
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6 . Owner and Lessee agree to furnish city a certificate of
insurance as proof that it has secured and paid for a policy of
public liability insurance covering all public risks related to
the use, existence and occupancy of the Easement and all other
risks assumed by owner and Lessee under this Agreement . The
amounts of such insurance shall be not less than the following:
Property damage, per occurrence $ 100,000
Personal injury or death, per occurrence $1 ,000 ,000
Umbrella liability $1 ,000 ,000
The Owner and Lessee understand and agree that the insurance
amounts shall be revised upward at City' s option and that owner
and Lessee agree to so revise such amounts within 30 days
following notice to Owner and Lessee of such requirement.
Owner and Lessee agree to maintain and keep in force such
public liability insurance throughout the term of this Agreement,
and failure to do so will be grounds for termination of this
Agreement by City after the City provides to Owner and Lessee
notice of intent to terminate . A certificate of insurance as
proof of such maintenance shall be submitted annually to City on
the anniversary date of the execution of this Agreement . Each
insurance policy shall provide that it cannot be cancelled or
amended without 30 days prior written notice to City.
7 . owner and Lessee agree that this Agreement is solely for
the purpose of permitting Owner and Lessee to construct, maintain
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and locate the Encroachment over or within the Easement and is
not a conveyance of any right , title or interest in or to the
Easement.
8 . Owner and Lessee agree that City has the right to
terminate this Agreement at any time by notifying in writing
Owner and Lessee or their agent. Owner and Lessee agree that if
this Agreement is terminated for any reason , owner and Lessee
shall immediately remove the Encroachment and if they fail to do
so, City shall have the right to remove it . City shall incur no
liability from the removal , and owner and Lessee hereby release
City and hold it harmless from any such liability . In addition ,
Owner and Lessee shall indemnify City in accordance with the
provisions of Paragraph 4 herein . All charges incurred by City
in the removal shall be the responsibility of the Owner and
Lessee and shall constitute a lien against the Property . The
lien shall be perfected by filing an affidavit in the Deed
Records of Tarrant County, Texas , specifying the amount of the
lien, the work performed, and making reference to this Agreement.
9 . owner and Lessee and City agree that city, acting by and
through its duly authorized agents , officers , servants or
employees , shall have at any and all times the full and
unrestricted right to enter the Property for the purpose of
examining and inspecting the Encroachment and its appurtenances .
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10 . No part of this Agreement shall be assigned by either
party without the prior written consent of the other party, and
any assignment without prior written consent shall constitute a
breach of the Agreement and shall be grounds for termination.
11 . Owner and Lessee shall operate as independent
contractors and not as an officer, agent, servant or employee of
City. Owner and Lessee have exclusive control of and the
exclusive right to control the details of the work on the
Encroachment and persons performing work thereupon . Owner and
Lessee shall be solely responsible for the acts and omissions of
its officers, agents , servants , employees , representatives , and
independent contractors . The doctrine of respondent superior
shall not apply to the City and the Owner and Lessee ; nothing
herein shall be cons-trued as creating a partnership or joint
enterprise between the City and the owner and Lessee.
12 . Owner and Lessee agree to deposit with the City of Fort
Worth when this Agreement is executed a sufficient sum of money
to be used to pay necessary fees to record this Agreement in the
deed records of Tarrant County, Texas. After being so recorded,
the original hereof shall be returned to the City Secretary of
the City of Fort Worth, Texas .
13 . If City brings an action to enforce the obligations of
Owner and Lessee , City shall be entitled to recover from Owner
its court costs, expenses, and reasonable attorney' s fees.
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14 . Any action for breach of this Agreement shall be
brought in Tarrant County , Texas . This Agreement shall be
governed by the laws of the State of Texas .
15 . Any notices required by this Agreement shall be
effective as of the date deposited in the United States mail ,
certified, return receipt requested . The notices shall be
effective when addressed as follows , provided the party making
the notice has not received written notification of a change of
address.
To Owner: To City:
BURGOS COMPANY CITY OF FORT WORTH
Attn: Dr. Gary Buff Attn: Development Activities Div.
1065 W. Magnolia Avenue Transportation and Public Works
Fort Worth, TX 76104 1000 Throckmorton
Fort Worth, TX 76102
To Lessee:
Century Health Care of Texas, Inc.
% Day Hospitals of America
% Mr. Dan Allen
4525 Fuller Drive, Suite 360
Irving, TX 75038
16 . The failure or inaction by City in enforcing any of its
rights or privileges hereunder shall not constitute a waiver of
City' s ability to enforce subsequently such rights or privileges .
17 . The agreements set forth herein shall constitute a
servitude upon and shall run with the Property and be binding
upon Owner and its successors in interest to the Property or any
part of the Property.
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18 . The terms "Owner" and "Lessee" shall mean Owner and
Lessee, respectively, and shall include the heirs , successors and
assigns of owner and Lessee , as well as their agents , servants,
employees , representatives and independent contractors . The
terms "Owner" and "Lessee" also shall include anyone claiming
ownership of the Property , in possession thereof , the
record-title holder , and/or the legal title holder . This
provision shall not alter in any way the requirements of
Paragraph 10 herein.
19 . The term "City" shall include the agents, representa-
tives, servants , employees , and independent contractors of the
City of Fort Worth.
20 . If any portion of this Agreement is determined to be
illegal , unconstitutional , or otherwise unenforceable , the
remaining portions of the Agreement shall remain effective and
shall be construed consistently with the originally intended
purposes of the Agreement.
21 . This Agreement may be amended by written amendment
executed by both parties . This Agreement and any subsequent
written amendments shall constitute the entire Agreement of the
parties and shall supersede any prior or contemporaneous oral or
written Agreements pertaining to the subject matter contained
herein.
SIGNED THIS day of 1990 .
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ATTEST CITY OF FORT WORTH
11)� Al
441tl _ _ By:_ _ �� ° . �.
C ty Secretary -' Ru h Ann cKinn y µ yµµ
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
4wI
City Attorney
Pate
Date:
ATTEST BURGOS COMPANY
By: By
Name: Name: ,r.
Title: Corporate Secretary Title: v'4*'
ATTEST CENTURY HEALTH CARE OF
TEXAS, INC.
By: BY
Name: l Thomas F. Kelley
Title: Corporate Secretary Vice Chairman and Treasure
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STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared Ruth Ann
McKinney , known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that same was
the act of the City of Fort Worth and that he/she executed the
same as the act of the City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this JZ
day of
-6/1ary Pbbli6- injan or
the State of Texas '
My Commission expires: Notary' s Name Printed:
LL-fe-E".K)i, 1"Al
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas , on this day personally appeared Burgos
Company, known to me to be the person whose name is subscribed to
the foregoing instrument , and acknowledged to me that same was
the act of the Burgos Company and that he/she executed the same
as the act of the Burgos Company for the purposes and
consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
aA
19 '70
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S ANN KIME Notary Public In and for
Nowy Pmk ab d Tw=
my ftmmi*n E*n
the State of Texas
My Commission expires: Notary' s Name Printed:
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......................--.............
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME , the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared Thomas F .
Kelley, known to me to be the person whose name is subscribed to
the foregoing instrument , and acknowledged to me that the same
was the act of Century Health Care of Texas , Inc. , and that
he/she executed the same as the act of Century Health Care of
Texas , Inc. , for the purposes and consideration therein expressed
and in the capacity therein stated.
�IVEN UNDER MY HAND AND SEAL OF OFFICE this day of
19
ANN KIME
Ndwy PoW So d T&W Notary Public in and for
ftmi"W E*w Avg Q& the State of Texas
WWI;" 013
My Commission expires: Notary' s Name Printed:
A
XISTING TOPOGRAPHIC INFORMATION OBTAINED FROM FIELD SURVEY SCALE: 1"-100'
ADE 5/12/89 . PROPOSED ELEVATIONS OBTAINED FROM-51TE GRADING
LAN PREPARED BY CHUCK HOLT SYSTEMS DATED 12/28/88.
1XtSTM CONTOURS
33W ACCESS ROAD
PMOMSED COLWOUR
PROeCIED SPOT ELEVAT*N
-1�A 1-:0-M50 W."Jfn SUOFACC EL EV A T K*1
ft�"AACA
13 � �. Iii r� ,,, I �
0
IOODWAY
EASEMENT ( ( I
to
9LOCK I
SL OCK 2
.C.—Ocp
s
3L I;.CK
no
LOT 1 1801 JL_0T 2P if- OT 3 LOT 4 LOT 5
0000"ry#us"N —77
AN "M rpm
Lacor Cupw VOL 388-190, PG.76,
D:T.C.
388-83, PG, 43 VOL, 388-146,PG. 113,D.R.T.C, VOL 388-183,
PG.41,O.R.T.C.
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COUNTY ROAD 1078
OTE: The Owner Is' aware that the minimum finished-floor
elevations do not comply with established City,
criteria and therefore may be .subject to flooding.
The undersigned covenants and agrees to fully FXHIBI T 'A
Indemnify, release, and hold harmless and deffend the .
.City of Fort worth, its officers, .agents, And FLOODWAY EASEMENT
employees from all claims, suits, -or causes of action PARTS OF BLOCKS I and 2,
of any nature whatsoever, whether real or asserted, BOWYER ADDITION
brought for or on account of any injuries or damages
to persons or property, Including death, resulting CITY OF FORT WORTH,
from or in Any way connected with the flooding of said TEAS
property.
U.B. DAVIES BVC.
This agreement shall run with the land and shall ENGINEERS & SURVEYORS
constitute a restriction and servitude theiron and FORT WORTH, TEXAS
shall be binding on the owner and its successors In
Interest to the property or any part of the property. DATE.• JUNE, t989
7
City f t , ' w
Mayor and Count,ed Convn,un'tratian,
of f v
. � �. .
ILPMH' way: ka, �.,a N DRAINAGE NT F Adres
11-11-89 **1.r-9961 ENCROACHMENT AGREEMENT,..- LOT 1-R, a elf
..
_. HEIGH a,-ADD IT-1,0N... „�....... . ., _.e
RECOMMENDATION
That the City Manager be authorized to execute an Encroachment Agreement
covering an easement with Youth Centers of America on property legally
described as Lot 1-R, Block 11-AR, dinkens Heights Addition,
DISCUSSION
It is necessary that an encroachment agreement be granted to, Youth Centers of
America across a drainage easement granted to the City of Fort Worth, located
on Lot 1-R, Block 11-AR, Jinkens sleights Addition. The agreement will be
used for the construction of a pedestrian bridge. The owner of the property
will be solely responsible for the ;maintenance of the encroachment, The
Department of Transportation and Public Works has reviewed this request and
concurs in the granting of subject agreement.
LAND AGENT:
Don Shoulders
3W: /
APPROVED BY
NOV CITY COUNCIL
T; 19 89
dK
c ,c emolar r 6
city of Toga 'ar*Tansor
SLOWITED CONS 2H p
CL�°TY MANAGER'S Bill Wood 1 nH1')N BY C,��N.d�+BCIL '�ROUIS C��%� By
PROVE
CY 9Cr0 �dL4C'm
OTHER ME CC SE!
WPARTMENT HEA ' Michael E Pyles DS UTY SECRETARY
.._. .. ....... ... .. ..... ,.,w, ....... y.._. _ �....__ .__...__..... �....... . ....
�. yes 8367 DAWE�:
���°� ��. Michael E. P �e��